Burden of Proof

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Burden of Proof


(Latin, onus probandi), in legal procedure, the rule by which the obligation to prove particular circumstances of a case is distributed among participants in the case. Under socialist law the distribution of burden of proof reflects the competitive nature of the judicial process and activates the court’s routine.

The law of the USSR establishes that each party in a civil trial must prove the circumstances on which he relies in substantiating his claims or defense. For example, the plaintiff must prove the circumstances constituting the grounds of the suit and the facts attesting to the defendant’s violation of his rights; the defendant must prove the grounds of his defense. In each specific case the scope of facts subject to proof by those participating in the case is determined by the norms that regulate the particular legal relationship (for example, in a suit for redress of an injury the burden of proof in showing the absence of guilt falls on the defendant). In suits relating to various types of contracts, the responsibility for proving violation of an obligation rests with the creditor; the debtor must prove the facts that confirm the fulfillment of his obligations. The court has the right to direct persons participating in the trial to submit additional evidence, and it may, on its own initiative, gather evidence to determine the true relationship between the parties. In a criminal trial, the law prohibits the court, procurator, investigator, or the person who conducted the inquiry from transferring the burden of proof to the accused.

The term “burden of proof is used in bourgeois civil procedure. This burden falls entirely on the parties, and the court plays no active part in questions of proof.

References in periodicals archive ?
And I operate from the proposition accepted in Canadian law that the imposition of an evidentiary burden doesn't change the legal burden of proof.
15) Patent owners are also subject to an unfavorable claim construction and high evidentiary burden in motions to amend.
The lower the certification threshold and lighter the evidentiary burden, the higher the risk of class actions with little or no merit being brought by plaintiffs (often indemnified and funded by others) with the goal of extracting a settlement because of the pressures to settle that a class action brings to bear on companies regardless of the lack of merit in the claim.
Instead, under the reasonable jury standard, the dispute must rise to the level of the nonmovant's substantive evidentiary burden.
Moreover, an analysis of these laws indicate that, compared with other intellectual property rights, trade secrets present an especially high evidentiary burden on plaintiffs and could involve a complex procedure that could create many traps for an MNC.
While courts have imposed strict new evidentiary burdens on plaintiffs, they have increasingly permitted defendants to seek denial of class certification without submitting to discovery.
was not selected because the evidentiary burden again places too high of
The courts are contributing to the failing probation system by creating precedent that directly and indirectly increases the evidentiary burdens at probation violation hearings.
section] 547 and further erred in placing the evidentiary burden on United Rentals.
3d at 40-41 (acknowledging other circuits' approaches to evidentiary burden under least restrictive means analysis).
The court concluded that in light of this score and the paucity of evidence indicative of mental retardation, the defendant had not met his evidentiary burden with regard to his Atkins claim.
Who bears the evidentiary burden is a normative decision and a key determination with respect to risk management (127).